Policyband

Cox Wins Supreme Court Copyright Fight over Sony in a Crushing 9-0 Wipeout for Famed Conservative Litigator Paul Clement

Clement has been hired by six cable broadband associations to fight the FCC's approval of the Nexstar-TEGNA merger

Ted Hearn

Mar 26, 2026 — 11 min read

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Cox: The Supreme Court sided with Cox Communications in a copyright dispute on Wednesday. The justices unanimously ruled that Sony and other music companies cannot hold the ISP liable simply for failing to disconnect subscribers accused of illegally downloading copyrighted music. The decision overturned a lower-court ruling that allowed damages against Cox based on users’ infringement. Justice Clarence Thomas, writing for the Court, said that the lower court applied the wrong standard for secondary liability. “Under our precedents, a company is not liable as a copyright infringer for merely providing a service to the general public with knowledge that it will be used by some to infringe copyrights,” Thomas said. Copyright holders, Thomas added, must show more than an ISP’s awareness that infringement occurs on its network. To pursue liability, he wrote, plaintiffs must establish that the provider intended to bring about infringement or took steps to encourage it, such as tailoring its service for illegal use. (More after paywall)